Information for Applicants Chair of the Police Misconduct Hearings Introduction Following a public consultation led by the Home Secretary in the autumn of 2014, changes have made to the police disciplinary system for the purposes of more transparency, independence and justice. This includes holding police misconduct hearings in public (from May 2015) and replacing Chief Police Officers who currently chair hearings with legally qualified Chairs (from January 2016). Whilst the chairs of misconduct hearings are not judicial appointments, anyone nominated to chair misconduct hearings by the Police and Crime Commissioner must fulfil the judicial appointment eligibility condition as set out in section 50 of the Tribunals, Courts and Enforcement Act, on a 5-year basis. In the North West (Cheshire, Cumbria, Greater Manchester, Lancashire and Merseyside) a list of nominated chairs is maintained by the Office of the Police and Crime Commissioner for Merseyside. Chairs are appointed to panels on a rolling programme. Nature of Cases A Police Misconduct Hearing (PMH) is likely to be convened to hear allegations of serious cases of misconduct by police officers. The maximum sanction at this hearing would be dismissal from the police service without notice. Cases would include for example, allegations of criminal acts, serious road traffic matters such as drink/driving or serious breaches of the standards expected of police officers such as neglect of duty. The PMH could also be convened to consider the final stages of action under performance regulations, where police officers can be dismissed for unsatisfactory performance or attendance. The PMH will hear cases governed by the Police (Conduct) Regulations 2012 (amended by Police (Conduct) (Amendment) Regulations 2015). Cases will not include those relating to senior officers; the Secretary of State nominates the Chair for senior officer misconduct proceedings. Composition of PMHs The PMHconsists of three persons: the Chair, a police officer of the rank of superintendent or above, and an independent member from the list of candidates maintained by the Office of the Police and Crime Commissioner for Merseyside. 1
JOB DESCRIPTION Role of Chair When hearing cases under the Police Conduct Regulations 2012 (as amended by the Police (Conduct) (Amendment) Regulations 2015), the Chairman will be expected to have read the papers in advance, will manage the Hearing proceedings and will be required to provide full reasons in writing for the PMH s decision within 5 working days after the day of the conclusions of the proceedings. It is a very paper heavy process and so a commitment to writing reports will be essential. PMH Chairs are required to be able to travel as Hearings will be held in the areas of the five police force areas. Main Activities The main activities of the Chair of the PMH are as follows: Reviewing papers (for cases dealt with under the Police Conduct Regulations 2012 amended by the Police Conduct Amendment Regulations 2015) Reading and assimilating misconduct papers. Preparing for a hearing Reading and assimilating misconduct papers before any hearing commences, including on occasions studying complex documentary evidence. Making pre-hearing decisions on whether witnesses are permitted to be called to give evidence at the hearing and whether to require notice of the hearing Conduct of Hearings o To ensure that parties who are not always represented are able to present their case and have it considered fully and fairly. o To ensure that hearings are conducted efficiently and effectively in a manner compatible with the interests of natural justice. o A misconduct hearing shall be held in public subject to the Chair determining otherwise in accordance with the Regulations. Determination of misconduct hearing In conjunction with the other PMH members, further to the hearing, deciding outcomes to decide whether the conduct of the officer concerned amounts to misconduct, gross misconduct or neither, and impose any disciplinary action as appropriate, or in the case of a finding of misconduct take no further action. 2
Report writing o Fully reasoned reports should be produced to provide the officer in writing of the outcome of the misconduct meeting/hearing. This will be undertaken as soon as practicable and in any case before the end of 5 working days beginning with the first working day after the conclusion of the misconduct proceedings. o Following a hearing, the chair will need to ensure that the other PMH members agree that the report accurately records the findings and decisions made by the PMP. Time Commitment Misconduct cases are triggered by the officer receiving notice of misconduct proceedings (regulation 21). Although cases are unpredictable in nature, a chair should expect to deal with 8-12 cases per annum. Training Nominees must attend the mandatory training day before being appointed to a PMH. Jurisdiction The PMH hears cases under the Police Conduct Regulations 2012 amended by the Police Conduct (Amendment) Regulations 2015) Person Specification Candidates must satisfy the judicial-appointment eligibility condition on a 5-year basis. They should also satisfy the standard eligibility clauses set out below. Candidates should be able to demonstrate the competencies required for the role of Chair Essential criteria Experience of chairing meetings and ability to exercise control over proceedings Experience of evaluating evidence, or information and making objective, unbiased, thoughtful decisions Experience of report writing, writing deliberations or case notes Excellent communication skills 3
Desirable criteria Able to demonstrate previous committee or judicial work or service on a Board or Council. Qualities and Abilities Assessment method A -Application T Task I - interview 1. Intellectual Capacity Quickly absorbs and analyses complex information with ease. T Knowledge of the police disciplinary legislative framework, caselaw and underlying principles, or the ability to acquire this knowledge. T 2 Personal Qualities Integrity and independence of mind. A/I Commitment to equality, diversity and inclusion. A Sound judgement. T/I Decisiveness. T/I Objectivity. T/I Learns and develops professionally. A Maintains up to date knowledge of issues relevant to the role. A 3 An ability to understand and deal fairly Shows awareness of equality and diversity issues that may arise in A policing Committed to public interest, impartiality, and fair treatment. A Listens with patience and courtesy. I 4 Authority and Communication Skills Inspires respect and confidence. I Questions effectively. I Engages constructively in debate and challenges others I appropriately. Excellent presentation skills I 5 Efficiency Works at speed, including when under pressure. A/T Manages time effectively and produces clear reasoned decisions A/T expeditiously. Works constructively with others. I Makes effective use of technology, including computers, video- and telephone-conferencing. A 6 Effective Chairing 4
Maintains firm and effective control of hearings. I Explains the procedure and any decisions reached clearly and A succinctly to all those involved. Maintains authority when challenged. I Excellent interpersonal skills involving all members of the I Committee in a facilitative, enabling manner. Excellent drafting skills, with the ability to produce clear, accurate, well-structured determinations. T Fees Fees will not differ whether or not the Chair is a QC. The daily rate is 366. Please refer to the fee structure for more information. Expenses Reasonable expenses will be reimbursed. Travel expenses will be reimbursed for standard fares only. Successful candidates will be required to undergo a security vetting process 5
STANDARD ELIGIBILITY CLAUSES FOR LEGALLY QUALIFIED CHAIR S Age There is no upper or lower age limit for candidates for this post apart from any statutory retirement age for judicial appointments. Independence and Impartiality In order to ensure that there is confidence in the independence and impartiality of the Chair applications will not be accepted from: (1) Serving and former police officers; (2) Serving and former police staff; (3) Serving and former special constables; (4) Serving and former OPCC Audit Committee Members; (5) Current and former police and crime commissioners (from any Force area); (6) Current and former PCC staff (from any Force area); (7) Undischarged bankrupts; (8) Anyone whose estate has been sequestrated and the sequestration has not been recalled or reduced or a discharge has not been obtained; (9) Anyone who is subject to a disqualification order under the Company Directors Disqualification Act 1986, or to an order made under Section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order). (10) Anyone who has unspent criminal convictions Nationality Candidates will need to fulfil one of the following nationality requirements: Be a citizen of the United Kingdom Be a citizen of the Republic of Ireland Be a citizen of a commonwealth country or Hold dual nationality, one of which falls in one of the above categories Disability If appointed, reasonable adjustments will also be considered to ensure that a disabled chair can take up and perform in office. Health Candidates must be capable of fulfilling the role they have applied for. If a health condition constitutes a disability within the meaning of the Equality 6
Act 2010, or for Northern Ireland within the Disability Discrimination Act, if appointed, reasonable adjustments will be considered on taking up office and during service 7
Appendix 1 Tribunals, Courts and Enforcement Act 2007 Section 50-52 50: Judicial appointments: judicial-appointment eligibility condition (1) Subsection (2) applies for the purposes of any statutory provision that (a) relates to an office or other position, and (b) refers to a person who satisfies the judicial-appointment eligibility condition on an N-year basis (where N is the number stated in the provision). (2) A person satisfies that condition on an N-year basis if (a) the person has a relevant qualification, and (b) the total length of the person's qualifying periods is at least N years. (3) In subsection (2) qualifying period, in relation to a person, means a period during which the person (a) has a relevant qualification, and (b) gains experience in law (see section 52). (4) For the purposes of subsections (2) and (3), a person has a relevant qualification if the person (a) is a solicitor or a barrister (but see section 51), or (b) holds a qualification that under section 51(1) is a relevant qualification in relation to the office, or other position, concerned. (5) In this section barrister means barrister in England and Wales; solicitor means solicitor of the Senior Courts of England and Wales; statutory provision means (a) a provision of an Act, or 8
(b) a provision of subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978 (c. 30)) (6) Schedule 10, which makes amendments for the purpose of substituting references to satisfying the judicialappointment eligibility condition in place of references to having a qualification mentioned in section 71 of the Courts and Legal Services Act 1990 (c. 41), for the purpose of reducing qualifying periods for eligibility for appointment to certain judicial offices from ten and seven years to seven and five years respectively, and for connected purposes, has effect. (7) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (c. 4) (renaming of Supreme Court), the reference to the Senior Courts in subsection (5) is to be read as a reference to the Supreme Court. 51: Relevant qualification in section 50: further provision (1) The Lord Chancellor may by order provide for a qualification specified in the order to be a relevant qualification for the purposes of section 50(2) and (3) in relation to an office or other position specified in the order. (2) [F1awarded by a body which, for the purposes of the Legal Services Act 2007, is an approved regulator in relation to the exercise of a right of audience or the conduct of litigation (within the meaning of that Act).] (3) An order under subsection (1) may, in relation to a qualification specified in the order, include provision as to when a person who holds the qualification is, for the purposes of section 50, to be taken first to have held it. (4) Where (a) (a)a qualification is specified under subsection (1), (b) (b)the qualification is one awarded by a body such as is mentioned in subsection [F2(2)], and (c) [F3, for the purposes of the Legal Services Act 2007, the body 9
(i)is not an approved regulator in relation to the exercise of a right of audience (within the meaning of that Act), and (ii)is not an approved regulator in relation to the conduct of litigation (within the meaning of that Act),] the provision under subsection (1) specifying the qualification ceases to have effect, subject to any provision made under[f4section 46 of the Legal Services Act 2007 (transitional etc. provision in consequence of cancellation of designation as approved regulator).]. (5) For the purposes of section 50 and this section, a person shall be taken first to become a solicitor when the person's name is entered on the roll kept under section 6 of the Solicitors Act 1974 (c. 47) (Law Society to keep list of all solicitors) for the first time after the person's admission as a solicitor. (6) For the purposes of section 50 and this section, a person shall be taken first to become a barrister (a) when the person completes pupillage in connection with becoming a barrister, or (b) in the case of a person not required to undertake pupillage in connection with becoming a barrister, when the person is called to the Bar of England and Wales. (7) For the purposes of section 50 (a) a barrister, (b) a solicitor, or (c) a person who holds a qualification specified under subsection (1), shall be taken not to have a relevant qualification at times when, as a result of disciplinary proceedings, he is prevented from practising as a barrister or (as the case may be) as a solicitor or as a holder of the specified qualification. (8) The Lord Chancellor may by order make provision supplementing or amending subsections (5) to (7). (9) Before making an order under subsection (1) or (8), the Lord Chancellor must consult (a) the Lord Chief Justice of England and Wales, and (b) the Judicial Appointments Commission. 10
(10) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise his function under subsection (9)(a). (11) In this section barrister means barrister in England and Wales; solicitor means solicitor of the Senior Courts of England and Wales. (12) Power to make an order under this section is exercisable by statutory instrument. (13) An order under this section may make different provision for different purposes. (14) No order may be made under this section unless a draft of the statutory instrument containing it (whether alone or with other provision) has been laid before, and approved by a resolution of, each House of Parliament. (15) At any time before the coming into force of section 59(1) of the Constitutional Reform Act 2005 (renaming of Supreme Court), the reference to the Senior Courts in subsection (11) is to be read as a reference to the Supreme Court. 52: Meaning of gain experience in law in section 50 (1)This section applies for the purposes of section 50. (2)A person gains experience in law during a period if the period is one during which the person is engaged in law-related activities. (3)For the purposes of subsection (2), a person's engagement in lawrelated activities during a period is to be disregarded if the engagement is negligible in terms of the amount of time engaged. (4)For the purposes of this section, each of the following is a law-related activity (a)the carrying-out of judicial functions of any court or tribunal; (b)acting as an arbitrator; (c)practice or employment as a lawyer; 11
(d)advising (whether or not in the course of practice or employment as a lawyer) on the application of the law; (e)assisting (whether or not in the course of such practice) persons involved in proceedings for the resolution of issues arising under the law; (f)acting (whether or not in the course of such practice) as mediator in connection with attempts to resolve issues that are, or if not resolved could be, the subject of proceedings; (g)drafting (whether or not in the course of such practice) documents intended to affect persons' rights or obligations; (h)teaching or researching law; (i)any activity that, in the relevant decision-maker's opinion, is of a broadly similar nature to an activity within any of paragraphs (a) to (h). (5)For the purposes of this section, an activity mentioned in subsection (4) is a law-related activity whether it (a)is done on a full-time or part-time basis; (b)is or is not done for remuneration; (c)is done in the United Kingdom or elsewhere. (6)In subsection (4)(i) the relevant decision-maker, in relation to determining whether a person satisfies the judicial-appointment eligibility condition on an N-year basis in a particular case, means (a)where the condition applies in respect of appointment by Her Majesty to an office or other position, the person whose function it is to recommend the exercise of Her Majesty's function of making appointments to that office or position; (b)where the condition applies in respect of appointment, by any person other than Her Majesty, to an office or other position, that person. (7)In subsection (6) appointment, in relation to an office or position, includes any form of selection for that office or position (whether called appointment or selection, or not). 12